Minutes

Ordinary Council Meeting

18 June 2012, 7:00pm

All minutes are subject to confirmation at a subsequent

meeting and may be amended by resolution at that meeting.


Ordinary Council 18 June 2012

Minutes

 

PRESENT: Councillor P. Palmer (Chair), Councillor S. Bennison, Councillor D. Brooks-Horn, Councillor S. Forrest, Councillor I. Longbottom, Councillor K. Mcilroy, Councillor A. Smith and Councillor R. Tudge.

 

ALSO PRESENT: General Manager, Executive Manager – Corporate Services, Executive Manager – Environmental Services, Executive Manager – Open Space & Urban Services, Acting Executive Manager – Human Services, Director – Major Projects, Manager – Development Assessment, Manager – Environmental Health, Manager – Strategic Planning and Governance Officer.

 

DECLARATIONS OF INTEREST:

Councillor Smith declared a pecuniary interest in the matter of 2 Little Street, Lane Cove (Lane Cove Aquatic Centre), as her nephew is currently employed by Bluefit Pty Ltd, the existing operator of the Centre.  She indicated she would not discuss or vote on the item.

 

APOLOGIES 

Apologies were received on behalf of Councillor Gaffney.

126

RESOLVED on the motion of Councillor Mcilroy and Smith that the apology be accepted and leave of absence be granted.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

OPENING OF MEETING WITH PRAYER

The meeting was opened with a prayer by Rev. Dr. Stephen Pym of the Greenwich Presbyterian Church.

  

ACKNOWLEDGEMENT OF COUNTRY

The Mayor gave an acknowledgement of Country.

 

WEBCASTING OF COUNCIL MEETING

The Mayor advised those present that the Meeting was being webcast.

 

Procedural Motion

127

RESOLVED on the motion of Councillors Palmer and Bennison that Donation of Painting be brought forward and dealt with as the first item.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Donation of Painting

128

RESOLVED on the motion of Councillors Palmer and Mcilroy that Council:

1.   Accept the donation of the painting “Longueville Wharf on a Weekday Afternoon”

2.   Write and thank Ms Goodall for her donation.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 


 

SUSPENSION OF STANDING ORDERS

129

RESOLVED on the motion of Councillors Bennison and Forrest that Standing Orders be suspended and that members of the public who wish to address Council be allowed to do so for a maximum of three minutes.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

PUBLIC FORUM

Ron Gornall of the Lane Cove Bushland and Conservation Society Inc. presented Council with a photographic record of the foreshores of Lane Cove.  It compliments earlier photographs taken by Don Dove in 1980.  A copy of these album and the corresponding DVD of images will be kept at the Lane Cove Library and made available to those interested.

 

Kylie Bryden-Smith, Johnston Crescent Lane Cove, supporting the implementation of licensing agreements proposed in the Policy on the Use of Public Open Space By Commercial Fitness Groups and Personal Trainers but requesting Council impose moderate licensing fees in line with those of surrounding Councils.

 

Leanne Stathakis, 28 Little Street Lane Cove, supporting the proposed Policy on the Use of Public Open Space By Commercial Fitness Groups and Personal Trainers, requesting the policy include  walkways and footpaths surrounding sporting fields/ovals and that activities be prohibited within 50 metres of any neighbouring residential property before 8am.  She expressed concerns regarding enforcement of the policy and requested Council clearly advertise the implementation of the new policy.

 

Nick Stathakis, 28 Little Street Lane Cove, supporting the proposed Policy on the Use of Public Open Space By Commercial Fitness Groups and Personal Trainers citing some of the negative impacts on amenity currently experienced as a result of this activity.

 

Jody Coates, 112 Riverview Street Riverview, commenting on the proposed Policy on the Use of Public Open Space By Commercial Fitness Groups and Personal Trainers, expressing safety concerns associated with not having this service available.

 

Wendy Stamp, 25 Canberra Ave St Leonard, speaking on behalf of the St Leonards-Wollstonecraft Residents Association, strongly opposed to rezoning of Marshall Ave and the development of a 25 storey tower citing negative impacts on neighbouring properties including overshadowing, noise/traffic, privacy, and environmental concerns and requesting Council work with the community to develop a Master Plan for the region.

 

Diane Campbell, 15 Canberra Ave St Leonards, opposed to the rezoning of Marshall Ave specifically the scale of the envisaged development.

 

Ezzat Zadeh, 3 Second Ave Lane Cove, in support of the proposed development for 3 Second Avenue Lane Cove.

 

RESUMPTION OF STANDING ORDERS

130

RESOLVED on the motion of Councillors Mcilroy and Longbottom that Standing Orders be resumed.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Matter Arising

FORESHORE PHOTOGRAPHY

131

RESOLVED on the motion of Councillors Bennison and Tudge that Council write to and thank the Lane Cove Bushland and Conservation Society for the photographic record of the foreshores of Lane Cove.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

CONFIRMATION OF MINUTES OF ORDINARY COUNCIL MEETING - 21 MAY 2012

132

RESOLVED on the motion of Councillors Smith and Forrest that that the minutes of the Ordinary Council meeting held on the 21 May 2012 be received.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

133

RESOLVED on the motion of Councillor Smith and Mcilroy that the minutes of the Ordinary Council meeting held on the 21 May 2012 be confirmed.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Reports Of Committees

 

Inspection Committee Report - Saturday 16 June 2012

134

RESOLVED on the motion of Councillors Palmer and Forrest that Council receive and note the report.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Referred Reports FROM Inspection Committee 16 June 2012

 

3 Second Avenue, Lane Cove

 

MOTION

A Motion was moved by Councillors Longbottom and Brooks-Horn that the matter be deferred to the Council meeting of 16 July 2012 and that a new report be prepared based on current information.

 

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Palmer and Tudge that pursuant to Section 82A of the Environmental Planning & Assessment Act, 1979, as amended, the determination of development consent  D281/2010, refused on 4 April 2011 for the Construction of an access driveway and a double garage on lot 22 DP19003 and known as 3 Second Avenue, Lane Cove is reaffirmed and the review of the application refused for the following reasons:-

1.       The proposal does not comply with Lane Cove LEP 2009 objective which requires that landscaping is maintained and enhanced as a major element in the residential environment.

2.       The proposal does not comply with Lane Cove Development Control Plan, which requires that alterations & additions to existing dwellings are well designed and compatible with the surrounding context and enhance the streetscape within the area.

3.       The proposal does not comply with Lane Cove Development Control Plan, which requires that the scale and appearance should be in keeping with the predominant traditional or emerging street and neighbourhood character; ensure the existing landscape character of the area is maintained and enhanced; ensure the existing topography of the site is reinforced by dwelling design; ensure that garages, carports and driveways do not dominate the dwelling or streetscape.

4.       The proposal does not comply with Lane Cove Development Control Plan as the proposal does not maintain the predominant street setback and encroaches into that predominant setback by up to 7m.

5.       The proposal does not comply with Lane Cove Development Control Plan with regard to cut & fill as the proposal will not retain natural ground levels or existing landforms and substantial cut over 1m adjacent to side boundaries will be required for the garage and driveway levels.

6.       The proposal does not comply with Lane Cove Development Control Plan as the proposal is an inappropriate design solution to meet the requirement to provide onsite car parking space.

7.       The proposal does not comply with Lane Cove Development Control Plan as the proposal would impact upon the amenity of the adjoining dwelling to the south with regard to shadowing and privacy.

8.       The proposal does not comply with Lane Cove Development Control Plan Car Parking requirement as the proposal would provide for only one onsite car parking space. 

9.       The construction of a driveway, retaining structures and stairs on Council’s property is considered undesirable. 

10.     The proposed development would not provide disabled access to the existing dwelling house as there would still be 25 steps from the garage floor level to the dwelling house floor level.  

11.     The proposed development is not in public interest and would set an undesirable precedent.

135

Upon being put to the meeting the Motion was declared carried.

 

For the Motion were Councillors Bennison, Brooks-Horn, Longbottom, Mcilroy and Smith (Total 5).

Against the Motion were Councillors Forrest, Palmer and Tudge (Total 3).

 

The Foreshadowed Motion lapsed.

 

Orders Of The Day

 

Citizenship Ceremony - Wednesday 18 July 2012

136

RESOLVED on the motion of Councillors Longbottom and Smith that Councillor Longbottom attend the Citizenship Ceremony on 18 July 2012 and speak to new citizens about local government.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Matter of Urgency

The Deputy Mayor ruled the following to be a Matter of Urgency.

137

RESOLVED on the motion of Councillors Forrest and Tudge that:-

1.            An independent Council report addressing the following points be presented to Council at its next meeting (16 July 2012):-

a)      any information or documentation received by Council that specifies the changes that will be made to the Gore Bay Terminal;

b)      any review of the impact of these changes undertaken by Council; 

c)      comments by Council on any proposal for change of use and associated development of the Shell Gore Bay Terminal; and

d)      any consultation with Shell or its consultants on proposed changes and the extent of these changes, in particular whether petrol and aviation fuels will be stored on the site;

2.            This report be placed on Council’s website in the Current Issues section under the title of ‘Shell Australia Gore Bay Terminal Facility’;

3.            Sources of information are made clear on the website and in the report; and

4.            Council outline (by report and website) the formal consultation process which Council will undertake with the community in relation to any proposal for a change in the use of the terminal and the developments that will be necessary to support the conversion at the Shell Gore Bay Terminal?

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Council and Committee Meeting Schedule - July 2012

138

RESOLVED on the motion of Councillors Mcilroy and Smith that the Council and Committee Meeting Schedule for July 2012 be adopted.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Notices of Motion

 

Reintroduction of Special Use Zonings

139

RESOLVED on the motion of Councillors Forrest and Mcilroy that a report come back to Council recommending what 'Special Use Zones' are appropriate under the new LEP.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 


Officer Reports for Determination

 

LEP - Reclassification of Reserves - Exhibition & Hearing

140

RESOLVED on the motion of Councillors Longbottom and Brooks-Horn that Council:-

1.            Note the Public Hearing report by Dr Ian Ellis-Jones dated 5 June 2012.

2.            Defer the planning proposal to remove the restrictions as to user and standard caveat i.e. Standard Caveat K200000P and Q23852 applying to the public reserve in Fleming Street (Lot 9 DP 253441).

3.            Defer consideration and refer to the next Inspection Committee Meeting the  proposal to reclassify the following three reserves to operational from community land:-

a.            89A Centennial Avenue and Hallam Avenue (Lot 114, DP 9653);

b.            26A Garling Street (Lot 13, DP 19114); and

c.            Fleming Street (west of 29A) (Lot 9 DP 253441)

         and to remove public reserve status including obtaining any appropriate approval of the Governor under section 30(2) of the  Local Government Act 1993.

4.            Not proceed to reclassify the other reserves exhibited in draft Planning Proposal 4/1011:-

Locality

Purpose

Description

Bridge Street and Howell Place (East)

Drainage Reserve

Lot 128, DP 10084

Howell Place and Matthews Avenue (East)

Drainage Reserve

Lot 127, DP 10084

Matthews Avenue and Burns Bay Road (East)

Drainage Reserve

Lot 126, DP 10084

Bridge Street and Howell Avenue (West)

Drainage Reserve

Lot 125, DP 10084

Howell Avenue and Matthews Avenue (West)

Drainage Reserve

Lot 124, DP 10084

Matthews Avenue and Burns Bay Road (West)

Drainage Reserve

Lot 123, DP 10084

Adjacent to 15A Point Road +

Drainage Reserve

Between Lots C & 38, DP 4424

Stokes Street

Drainage Reserve

Lot 43, DP 6874

Ronald Avenue ++

Drainage Reserve

Lot 498, DP 7626

Fleming St/Upper Cliff Road +

Drainage Reserve

DP 6766

5.            Write to all those who made submissions to the public exhibition and public hearing, advising them of the Council’s resolution and the availability of the Public Hearing Report on Council’s website and at Council offices.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 


 

Policy on the Use of Public Open Space by Commercial Fitness Groups and Personal Trainers

141

RESOLVED on the motion of Councillors Forrest and Tudge that the amended Policy on the Use of Public Open Space by Commercial Fitness Groups and Personal Trainers dated June 2012 be adopted subject to the following amendments:-

1.            Exclusion zones be extended to 7:30am for properties within 50m; and

2.            The policy be reviewed and evaluated in 12 months and a report be submitted to Council.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Matter Arising

FEE FOR Use of Public Open Space by Commercial Fitness Groups and Personal Trainers

142

RESOLVED on the motion of Councillors Palmer and Forrest that fees associated with the use of public open space by commercial fitness groups and personal trainers consist of a  $200 Annual Fee and a one off $50 Application Fee.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Construction Hours for High Impact Noise and Haulage Elements of Development Proposals

 

MOTION

A Motion of Councillors Smith and Brooks-Horn that the current restrictions on excavation and haulage truck movements applicable for multi-unit developments in the Mowbray Road Precinct be expanded to apply to the rest of the Local Government Area of Lane Cove.

 

Amendment

An Amendment was moved by Councillors Forrest and Tudge that the current restrictions on excavation and haulage truck movements applicable for multi-unit developments in the Mowbray Road Precinct be expanded to apply to the rest of the Local Government Area of Lane Cove subject to construction hours on Saturday being amended to 9am – 1pm.

 

Upon being put to the meeting the Amendment was declared lost.

 

For the Motion were Councillors Forrest, Mcilroy and Tudge (Total 3).

Against the Motion were Councillors Bennison, Brooks-Horn, Longbottom, Palmer and Smith (Total 5).

143

Upon being put to the meeting the Motion was declared carried.

 

For the Motion were Councillors Bennison, Brooks-Horn, Longbottom, Palmer and Smith (Total 5).

Against the Motion were Councillors Forrest, Mcilroy and Tudge (Total 3).

 


 

145-153 Longueville Road Lane Cove

144

RESOLVED on the motion of Councillors Bennison and Smith that:-

A.      Pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application D1/12 for the use to operate a weekly food and growers’ market (Sundays) at the Lane Cove Public School, known as 145-153 Longueville Road, Lane Cove, on a 6 month trial basis and subject to the following conditions:-

1.      (20) That the development be strictly in accordance with drawing numbers 0903 dated July 2011 and 0903 sheet 1/2 dated 5 August 2011 by Architects Johannsen & Associates except as amended by the following conditions.

2.      A parking attendant is to ensure the safe and efficient movement of vehicles and that vehicles of stallholders have vacated the school by 8am.

3.      This approval being for a trial period of six months at which time the approval lapses and a further application must be submitted for any extension of time of the use.

4.      This approval is subject to the number of stalls being a maximum of 30.

5.      Any traffic or pedestrian control that is required during the event shall require accredited traffic controllers to remove or install traffic devices, such as barricades, cones, signs etc.

6.      No road, footpath or access closures shall be permitted during the Lane Cove Food & Growers Event or during the set up or pack up times.

7.      Any vehicles associated with the operation of the market are required to park only in legal parking areas.  Loading or unloading on the road and footpaths shall not be permitted.

8.      The applicant shall provide a minimum of 24 hours notice to all Emergency Services (Police, Ambulance and Fire Brigade) in relation to the scheduled dates and the times of the proposed markets prior to such markets commencing.

9.      If any adverse traffic or parking impacts are identified following the introduction of the Growers Markets, Council will be reviewing and reassessing the operation of the markets and its traffic impact to the community.

10.    All individual market stall holders are to register their details with Lane Cove Council and apply for a temporary food event licence.  In addition all proprietors are to register their business with the NSW Food Authority (www.foodnotify.gov.au).

11.    All food stalls are to operate in accordance with the Food Act and the Food Standards Code and the NSW Food authority’s guidelines http://www.foodauthority.nsw.gov.au/industry/industry-sector-requirements/markets-and-temporary-events.

12.    The hours of operation being from 8.00am-1.30pm of a Sunday with a set up time from 7.00am to 8.00am and a pack up time from 1.30pm-3.00pm.

13.    All vehicles used in the setting up and packing up using the Austin Street carpark.

14.    The Longueville Road carpark not being used for the setting up, packing up or parking of a Sunday.

15.    The temporary structures must be erected and secured in accordance with the manufactures/structural specifications and Australian Standard 1170.2:2002, Structural design actions – Wind actions, to ensure they are structurally sound and can withstand likely wind in the locality and any likely live loadings.

16.    Disabled toilets in accordance with the requirements of the Building Code of Australia being provided during the opening hours of the markets.

General Engineering Conditions

17.    (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved. 

18.    (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

19.    (A5) Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

20.    (A6) Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

21.    (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ‘Part 3 - Traffic control devices for works on roads’.

22.    No music amplification is permitted.

23.    The applicant shall comply with the submitted waste management plan

B.      Any amendment or extension to the existing Development Application be considered by Council’s IHAP.

C.     Halfway through the trial period a survey be conducted of local businesses, community groups and residents on the impact (if any) of the Growers Market and the results be reported to Council.

 

For the Motion were Councillors Bennison, Forrest, Mcilroy, Palmer, Smith and Tudge (Total 6).

Against the Motion were Councillors Brooks-Horn and Longbottom (Total 2).

 

Councillor Smith left the meeting at 9:04pm.

Councillor Mcilroy left the meeting at 9:13pm.


 

2 Little Street, Lane Cove (Lane Cove Aquatic Centre)

145

RESOLVED on the motion of Councillors Forrest and Palmer that pursuant to Section 80(1)(a) of the Environmental Planning and Assessment Act, 1979, as amended, the Council grants development consent to Development Application D30/12 for alterations and additions to Lane Cove Aquatic & Leisure Centre and the erection of an illuminated flush wall sign on Lots A & B DP 40829, Lot 2 DP 326066, Lots 5 & 6 DP 12618, Lots 54-58 and Lots 94-96 DP 5922 and known as No 2 Little Street, Lane Cove (Lane Cove Aquatic & Leisure Centre) subject to the following conditions:-

1.         (20) That the development be strictly in accordance with drawing numbers DA-01Revision D, DA-02 Revision C, DA-03 Revision C, DA-04 Revision C, DA-05 Revision B dated 20.06.11 by RENO group - Architectural & Building Services except as amended by the following conditions.

2.         The applicant shall submit a Construction Management Traffic Report for Councils             and the Lane Cove Traffic Committee approvals PRIOR TO THE ISSUE OF THE          CONSTRUCTION CERTIFICATE. The applicant's consultant will be required to consult with Council's Executive Manager Open Space & Urban Services and Council's Transport Planner regarding the type of information that Council requires in the report.

3.         The applicant shall submit a detailed Travel Mode Study for approval by Council's Transport Planner PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.  The study will provide the following information:

·      Data on the travel modes of existing patrons using the Aquatic Centre and associated leisure facilities.

·      Two and five year protections of anticipated Aquatic Centre patronage increase as a result of the proposed refurbishment and alteration work.

·      A list of proposed measures/incentives to ensure that a proportion of existing and new patrons are encouraged to arrive by sustainable transport modes, such that an increase in usage will not adversely affect traffic conditions in the area or place an excessive demand on already limited parking facilities.

4.       The applicant shall address the following recommendations from the Access report prepared by Morris-Goding Accessibility Consulting, March 2012 PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE. The recommendations are to be detailed on amended architectural plans. The amended plans incorporating the access report recommendations must be submitted to Council or the Principal Certifying Authority prior to the issue of the Construction Certificate.  

INGRESS AND EGRESS

Main Entrance Gym

(i)    Ensure there is a length of 1450mm with a gradient of 1:40 at the bottom entry to the lift to provide door circulation space compliant with AS1428.1.

(ii)   Provide handrails on both sides of stairs in accordance with AS1428.1 as well as TGSI in accordance with AS1428.4.

(iii)   Ensure at the top of the stairs finish 400mm from the wall so the handrails do not protrude into the traverse path of travel compliant with AS1428.1 figure 17.

(iv)  Ensure the entry doors have a clear door opening of the active leaf of 850mm compliant with AS1428.1.

            Secondary Gym Entry

(i)    Ensure that the fully glazed door and walls are clearly marked with 75mm min. wide, solid, non-transparent, contrasting line with a 30% luminance contrast to the background across their full width.

            Public Entry to Pool

(i)    Ensure the entry to the Pool has a crossfall on no greater than 1:40 and a gradient of 1:20 or gentler compliant with AS1428.1.

(ii)   Ensure the handrails on both sides of the stairs are compliant with AS1428.1.

(iii)   Ensure the TGSI are compliant with AS1428.1.

(iv)  Consideration should be given to designing the stairs without the tiers at the base of the stairs as they can be a trip hazard for people with a vision impairment.

            PATHS OF TRAVEL

            Internal Doors

(i)    Ensure all above doors have appropriate door circulation spaces compliant with AS1428.1.

            Passenger Lifts

(i)    Ensure that components in the lift car (control panels, audio/visual indicators, handrails) comply with AS1735.12.

            FACILITIES (POOL AREA)

            Reception Area

(i)    Consideration should be given to having a section of the reception counter that is lowered to allow staff with a disability and visitors with a disability to carry out transactions. The lowered section should have a height no greater than 870mm FFL. The counter should have appropriate foot (290mm) knee (650mm) clearance. The counter shall be at least 800mm in width.

            Shop

(i)    Consideration should be given to being able to maintain a clear passage between fixtures of 1000mm and a turning area of 1540mm x 2040mm to allow a person who is a wheelchair user to perform a 180 degree turn compliant with AS1428.1.

Café

(i)   Ensure there is no level difference between abutting surfaces compliant with AS1428.1.

(ii)   Ensure that the fully glazed doors and walls are clearly marked with 75mm min. wide, solid, non-transparent, contrasting line with a 30% luminance contrast to the background across their full width.

Mezzanine Level

(i)    Ensure the stairs are of sufficient width to install a stairway platform lift.

(ii)   Ensure there is sufficient space at the base of the stairs for circulation spaces and installation of a stairway platform lift compliant with AS1428.1.

(iii)   Ensure the door circulation spaces are compliant with AS1428.1.

Proposed Platform Lift

(i)    Ensure that components in the lift car (control panels, audio/visual indicators, handrails and light levels) comply with AS1735.14.

 

FACILITIES (GYM)

Reception and Lobby

(i)    Consideration should be given to having a section of the reception counter that is lowered to allow staff with a disability and visitors with a disability to carry out transactions. The lowered section should have a height no greater than 870mm FFL. The counter should have appropriate foot (290mm) knee (650mm) clearance. The counter shall be at least 800mm in width.

Creche

(i)    Ensure there is no level difference between abutting surfaces between the balcony and the internal areas compliant with AS1428.1.

SANITARY FACILITIES

Combined Accessible Unisex Sanitary Facility (Gym)

(i)    Ensure there is 2300mm x 1900mm clear area around pan with basin to sit outside the area (max. encroachment of 100mm at basin front).

(ii)   Ensure there is sufficient space for the shower circulation space of 2350mm x 1600mm. This is not to include any fixtures within this space. The WC pan and the shower circulation spaces can overlap.

(iii)   Ensure there is a shower seat installed for compliance with AS1428.1.

(iv)  (iv)            Ensure the set out of all fittings and fixtures are compliant with AS1428.1.

Ambulant User Cubicles (Gym)

 (i)   Ensure the set out of all fittings and fixtures within the ambulant user cubicle are compliant with AS1428.1.

MISCELLANEOUS

Signage

(i)    Signage shall comply with BCA clause D3.6 (signage specifications).

Floor Surfaces

(i)    Ensure the slip resistance of flooring systems used within the development are traversable by a wheelchair or walking frame in accordance with HB197/AS4586. Minimum wet pendulum test ratings (certification required at OC Stage). 

5.         The applicant shall provide details regarding the illumination of the sign; proposed safety devices; platforms; exact lettering and colours; and proposed logos. The applicant shall ensure that the sign does not protrude more than 300mm from the wall. The above details shall be submitted for Council's approval PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

6.         The applicant submit a detailed landscape plan by a qualified landscape architect that includes the replacement of removed trees on Little Street in as close proximity as possible to the pool entrance for Council's approval PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

7.         The materials, textures and colours of the proposed development shall be compatible with the existing Lane Cove Aquatic & Leisure Centre building. Details regarding the above shall be submitted for Council's approval PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

8.         (1) The submission of a Construction Certificate and its issue by Council or Private Certifier PRIOR TO CONSTRUCTION WORK commencing.

 

9.         (2) All building works are required to be carried out in accordance with the provisions of the Building Code of Australia.

10.       (137)  Lane Cove Council charges a fee of $36 for the registration of any Part 4A Certificates (compliance, construction, occupation or subdivision certificates) issued by an accredited certifier under the Environmental Planning and Assessment Act.

11.       (11) The approved plans must be submitted to a Sydney Water Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met.  Plans will be appropriately stamped.  For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building & Developing then Building & Renovating or telephone 13 20 92.

The consent authority or a private accredited certifier must:-

·          Ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.

12.       (17)  An Occupation Certificate being obtained from the Principal Certifying Authority before the occupation of the building.

13.       (35) All demolition, building construction work, including earthworks, deliveries of building materials to and from the site to be restricted to the following hours:-

Monday to Friday (inclusive)                    7.00am to 5.30pm

Saturday                                                   7.00am to 4.00pm

No work to be carried out on Sundays or any public holidays.

14.       (37) The development shall be conducted in such a manner so as not to interfere with the amenity of the neighbourhood in respect of noise, vibration, smell, dust, waste water, waste products or otherwise.

15.       (45) A “Fire Safety Schedule” specifying the fire safety measures that are currently implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 – Environmental Planning & Assessment Regulation 2000 are to be submitted and approved PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

16.       (48) Depositing or storage of builder's materials on the footpath or roadways within the Municipality without first obtaining approval of Council is PROHIBITED.

Separate approval must be obtained from Council's Works and Urban Services Department PRIOR TO THE PLACEMENT of any building waste container ("Skip") in a public place.

17.       (49) Prior to the commencement of any construction work associated with the development, the Applicant shall erect a sign(s) at the construction site and in a prominent position at the site boundary where the sign can be viewed from the nearest public place.  The sign(s) shall indicate:

a)      the name, address and telephone number of the Principal Certifying Authority;

b)      the name of the person in charge of the construction site and telephone number at which that person may be contacted outside working hours; and

c)      a statement that unauthorised entry to the construction site is prohibited.

The signs shall be maintained for the duration of construction works.

18.       (50) The cleaning out of ready-mix concrete trucks, wheelbarrows and the like into Council's gutter is PROHIBITED.

 

 

19.       Standard Condition (56) Where Lane Cove Council is appointed as the Principal Certifying Authority, it will be necessary to book an inspection for each of the following stages during the construction process.  Forty eight (48) hours notice must be given prior to the inspection being required:-

a)      All reinforcement prior to filling with concrete.

b)      Framework including roof and floor members when completed and prior to covering.

c)      Waterproofing of wet areas

d)      Completion.

20.       Standard Condition (57) Structural Engineer's details being submitted PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE for the following:-

a)      retaining walls;

b)      footings;

c)      reinforced concrete work;

d)      structural steelwork.

21.       (58) Structural Engineer's Certificate being submitted certifying that existing building is capable of carrying the additional loads.  Such Certificate being submitted PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE.

22.       (62) All glazing is to comply with the requirements of AS 1288.

23.       (66) The removal, handling and disposal of asbestos from building sites being carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations.  Details of the method of removal to be submitted PRIOR TO COMMENCING ANY DEMOLITION WORKS.

24.       (73) The site being cleared of all debris and left in a clean and tidy condition at the completion of all works.

25.       (78) The site being properly fenced to prevent access of unauthorised persons outside of working hours.

26.       (86) An approved type of hoarding being erected along the street frontage.

27.       (87) Pedestrians' portion of footpath to be kept clear and trafficable at all times.

28.       (141) Long Service Levy  Compliance with Section 109F of the Environmental Planning and Assessment Act 1979; payment of the Long Service Levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 (or, where such a levy is payable by instalments, the first instalment of the levy) – All building works in excess of $25,000 are subject to the payment of a Long Service Levy at the rate of 0.35%.

COMPLIANCE WITH THE REQUIREMENTS OF THIS CONDITION MUST BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE.

Building Code of Australia Compliance Matters

29.       A Disabled accessible entrance, passenger lifts, continuous paths of travel, accessible toilets facilities and access to all areas normally used by the occupants must be provided to the building in accordance with part D3 of the BCA, complying with Australian Standard AS1428.1-2009 and the DDA, Disability (Access to Building- Premise Standard 2010).

 30.      A list of the existing and proposed essential “Fire Safety Measures” that are currently installed within the building or proposed to be modified/implemented as part of the refurbishment works is to be submitted to Council complying with the performance requirements of the Building Code of Australia.

 

Structural Adequacy and Fire Safety Considerations 

31.       The proposed alterations and additions consisting primarily of a new main entrance to the swimming centre accessed from Little Street to the lower level of the swim centre building. The proposed building works will be subject to a “Fire Safety Upgrade” of the existing premise pursuant to clause 94 of the Environmental Planning and Assessment Regulations 2000. A list of the existing and proposed essential fire safety measures complying with the performance requirements of the Building Code of Australia (National Construction Code 2012) to be implemented into the building is to be submitted to Council at the construction certificate stage of the project.

            Structural engineering certified design plans and “Certificate of structural adequacy” certifying that the existing building is capable of withstanding the new/altered loads of the new building works is to be submitted prior to the issue of the construction certificate application to ensure the structural stability adequacy of the new works.     

32.       All lighting and water being compliant with energy efficiency and water conservation standards.

33.       (303) There must be no stockpiling of topsoil, sand, aggregate, spoil or any other             construction material or building rubbish on any nature strip, footpath, road or public           open space park or reserve.

34.       (317) A 1.8m high chain mesh fence shall be erected to encompass and protect the             Blackbutt tree adjacent to the vehicle entrance in Phoenix street. Behind the garbage collection area. The tree protection zone shall be 2.4m from the entrance side of the tree and join up to the concrete wall at the southwest corner of the bin area and extend at least 5m on the west side of the tree, and end at the edge of the paved area directly adjacent to the glass wall housing the pool. The tree protection area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and soil levels within the tree protection area shall remain undisturbed.

35.       A waterproof sign must be placed on the tree protection zone stating ‘NO ENTRY             TREE PROTECTION ZONE – this fence and sign are not to be removed or relocated for the work duration.’ Minimum size of the sign is to be A4 portrait with NO ENTRY TREE PROTECTION ZONE in capital Arial Font size 100, and the rest of the text in Arial font size 65.

36.       The tree protection zone and associated signage must be erected PRIOR TO THE             ISSUE OF THE CONSTRUCTION CERTIFICATE OR THE COMMENCEMENT OF WORKS, WHICHEVER OCCURS FIRST. This includes demolition or site preparation works, and tree protection measures must remain in place for the duration of the development.

37.       (51) A Tree Preservation Order applies in the Municipality of Lane Cove.  The Order prohibits the cutting or removal of any tree except with the consent of Council and the penalty for contravention of this Order is up to Twenty Thousand Dollars ($20,000.00).  The co-operation of all residents is sought in the preservation of the bushland character of the Municipality.  All enquiries concerning the Tree Preservation Order must be made at the Council Chambers, Lane Cove.

38.       The Lane Cove Aquatic & Leisure Centre shall operate in accordance with the approved hours of operation.

39.       The creche shall be used by the patrons of the Centre. The creche shall not be used as a long day child care centre without the prior written approval of Council.

40.       A Section J report shall be provided for the development. This is to be submitted with the Construction Certificate for Council's approval.

 

41.       The use of the premises (Lane Cove Aquatic & Leisure Centre) and the operation of all plant, building services, machinery and ancillary fittings (including air conditioning units) shall not give rise to an 'intrusive or offensive noise' as defined in the Protection of the Environment Operations Act 1997 and Regulations, and the New South Wales EPA’s Industrial Noise Policy (January 2000). In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background (LA90), 15 min noise level, measured in the absence of the noise source/s under consideration, by more than 5dB(A).

42.       (409) Construction and Fit out of Food Premises

  To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas, all work involving construction or fitting out of the premises shall comply with the requirements of the Food Safety Standards Code (Australia) and Australian Standards AS4674 – Design, Construction and Fitout of Food Premises.

43.       (410) Food Shop Registration Requirements

  Occupation of the premises shall not occur until:

a)         a registration application to be submitted to Council’s Health and Environment Department for the food shop

b)         notification of the NSW Health Department under Standard 3.2.2 Division 2 Section 4 Notification.  This requirement is to be met by notifying through the following website: http://www.foodnotify.gov.au

44.       (411) Final Inspection (Food premises)

  A final site inspection relating to the works carried out on the premises shall be arranged by the applicant and shall be undertaken by Council before trading commences.

45.       (412) Grease Trap (Food Premises)

  Trade waste water shall be disposed of in accordance with the permit requirements of Sydney Water the proprietor owner shall contact the Trade Waste Office of Sydney Water so as to ensure that the sewerage pre – treatment system installed is appropriate for the proposed use of the premises.

46.       (418) Maintenance and cleanliness of food preparation areas

  To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas all building work in connection with the occupation or the use of the premises intended for the preparation and storage of food shall be designed and implemented in accordance with the requirements of:

a)   Food Act 2003 & Food Regulations 2004

b)   Food Safety Standards 3.1.1, 3.2.2, 3.2.3

c)   Sydney Water Corporation – Trade Waste Section

d)   The Protection of the Environmental Operations Act 1997

e)   Australian Standard AS 1668 Part 1 & 2

f)    The Building Code of Australia.

47.       (419) Service Pipes

  Where possible all service pipes must be concealed in the floors, plinths, walls or ceilings.  Alternatively, service pipes must be fixed on brackets so as to provide at least 25mm clearance between the pipe and any adjacent vertical surface and at least 100mm between the pipe and any adjacent horizontal surface.

 

48.       (420) Surface Pipe Openings

  All service pipe openings in walls, floors and ceilings must be made proof against the access of pests.

49.       (421) Cavities and Voids

  Inaccessible cavities and voids must not be formed in the construction of the premises or the installation of fittings and equipment unless completely sealed to prevent the harbourage of pests

50.       (422) Tubular Metal Supports

  Where tubular metal is used for legs, brackets or framework supports the open ends must be suitably capped or sealed to prevent the access of pests.

51.       (423) Protection of Self Service Food

  Unpackaged ready to eat food for self service, other than nuts in the shell and whole fruit and vegetables, must be protected by means of suitable sneeze guard and be effectively supervised.

52.       (424) Safety glass

  All glass used in the construction of equipment in which food is displayed must be safety glass with any exposed edges bevelled where necessary to prevent chipping.

53.       (433) Garbage collection – Commercial/Industrial

  Liquid and solid wastes generated on the site shall be collected, transported and disposed of in accordance with the Protection of the Environmental operations Act 1997.  Records shall be kept of all waste disposal from the site.

  Waste and recycling material, generated by the premises, must not be collected between the hours of 10pm and 6am on any day.

54.       (435)  Garbage Room Location & Access

  Garbage rooms shall:

·      be located in positions which will permit easy, direct and convenient access for the removal of garbage without creating a nuisance from dust, litter, odour and noise. 

·      not contain any fittings, facilities or matter not associated with the treatment, storage or disposal of garbage.

·      where possible be located within the main building.  Where this is not practicable due to noise levels or other exceptional circumstances, the garbage room shall be located in a position approved by the Principal Certifying Authority.  If it is proposed to make application to construct a detached structure, special attention shall be given to the aesthetics of the structure and its siting.

            Details of appropriate recycling facilities must be provided, both in the communal garbage room and individual units.

General Engineering Conditions

55.       (A1) Design and Construction Standards:  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

56.       (A2) Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved. 

57.       (A4) Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council. Applications shall be submitted and approved prior to the start of any related works. Note: allow 2 working days for approval.

58.       (A5) Restoration: Public areas must be maintained in a safe condition at all times. Restoration of disturbed Council land is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

59.       (A6) Public Utility Relocation: If any public services are to be adjusted, as a result of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or removal of services shall be borne by the applicant.

60.       (A7) Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3 - Traffic control devices for works on roads’.

61.       (A8) Council Drainage Infrastructure: The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement. If a Council stormwater line is located on the property during construction, Council is to be immediately notified. Where necessary the stormwater line is to be relocated to be clear of the proposed building works. All costs associated with the relocation of the stormwater line are to be borne by the applicant.

Engineering Conditions to be Complied with Prior to Construction Certificate

62.       (S2) Stormwater Requirement: The stormwater runoff from the new and altered impervious areas within the development shall be connected to the existing drainage system in accordance with the requirements of Lane Cove Council’s DCP-Stormwater Management.

The existing stormwater system is to be certified that it is in good working order and meets the requirements set out in Part O, Council’s DCP-Stormwater Management. The certification is to be carried out by a fully licensed and insured plumber or a suitably qualified engineer prior to the issue of the Construction Certificate.

Where an existing element does not comply with current standards the subject element is to be replaced.

Where the existing system does not comply with Part O, Councils DCP-Stormwater Management a drainage design is required. The stormwater drainage plan is to be prepared and certified by a suitably qualified engineer and submitted to the Principal Certifying

Authority prior to the issue of the Construction Certificate. The design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management.

63.       (A3) Works on Council Property: Separate applications shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property. The proposed stairs and lift beyond the property boundary will require approval under Section 138 of the Roads Act 1993.

Applications and approvals shall be obtained prior to the issue of the Construction Certificate.

64.       (B1) Council infrastructure damage bond: The applicant shall lodge with Council a $5000.00 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads, footpaths, kerb and gutter, drainage or other assets as a result of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred as a result of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

65.       (T1) Design of Retaining Structures: All retaining structures greater than 1m in height are to be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate

Engineering Condition to be Complied with Prior to Commencement of Construction

66.       (C2) Erosion and Sediment Control: The applicant shall install appropriate sediment control devices prior to the start of any works on the site. The devices are to be installed in accordance with the plan prepared by Reno Group numbered J001927 Rev A and dated 20-06-11.The devices shall be maintained during the construction period and replaced when necessary.

Engineering Condition to be Complied with Prior to Occupation Certificate

67.       (M2) Certificate of Satisfactory Completion:  Certificates from a registered and licensed Plumber or a suitably qualified Engineer must be obtained for the following matters. The plumber is to provide a copy of their registration papers with the certificate. The relevant Certificates are to be submitted to the Principal Certifying Authority prior to issue of any Occupation Certificate.

·      Confirming that the site drainage system has been constructed in accordance with the relevant Australian Standards and Council’s DCP-Stormwater Management. 

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Palmer and Tudge (Total 6).

Against the Motion was Nil (Total 0).

Absent was Councillors Mcilroy and Smith (Total 2).

 

Councillor Mcilroy returned to the meeting at 9:15pm.

 

Matter Arising

SUSTAINABILITY ACTION PLAN – LANE COVE AQUATIC CENTRE

146

RESOLVED on the motion of Councillors Forrest and Palmer that the applicant give consideration in its ‘new elevated café terrace’ to the Key Issue and Action of Goal 5 of the Lane Cove Sustainability Action Plan (LCSAP) including ensuring waste management is sustainable; Increasing initiatives to discourage the use of resources such as plastics (e.g. develop a program to reduce plastic bag use in Lane Cove); introducing recycling bins in public areas; and ensuring that sustainability objectives are part of their tendering policy to encourage eco-friendly business and social enterprises.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion was Nil (Total 0).

Absent was Councillor Smith (Total 1).

 

Councillor Smith returned to the meeting at 9:23pm.


 

Matter Arising

SUSTAINABLE PRACTICES POLICY FOR PREMISES LEASED OR OPERATING ON COUNCIL LAND

147

RESOLVED on the motion of Councillors Forrest and Mcilroy that Council begin development of a policy to guide the requirement for sustainable practices in line with the goals of the Lane Cove Sustainability Action Plan (LCSAP) (i.e. for waste reduction, recycling and the provision of healthy food) in premises leased or operating on Council land.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Alcohol Prohibited Areas and Alcohol Free Zone Proposal for New Year's Eve  and New Year's Day

148

MOTION on the motion of Councillors Tudge and Forrest that the following Temporary Alcohol Prohibited Areas and Alcohol Free Zones be established from 6.00pm on 31 December 2012 to 9.00am on 1 January 2013 in accordance with Section 632A and Section 644 of the Local Government Act 1993 and be maintained for the next 4 years until 9.00 am on 1 January 2016:-

Alcohol Free Zones (Streets, Car Parks and Footpaths):-

·    Greenwich- Prospect Street, O’Connell Street, Albert Street, George Street, Victoria Street, O’Connell Street, East Street, Mitchell Street, Chisholm Street, Edwin Street, Vista Street, Upper Serpentine Road, Lower Serpentine Road, Harrison Street, Church Street, and Greenwich Road;

·    Longueville - Dunois Street, Wharf Road, Wilson Street, Arabella Street, Nott Lane, Stuart Street, Mary Street, and William Edward Street;

·    Northwood - Northwood Road (to Point Road) and Kellys Esplanade; and

·    Riverview - Kallaroo Road and Karingal Road .

Alcohol Prohibited Areas (Public Parks and Reserves):-

·    Greenwich - Manns Point Reserve, Greenwich Point Reserve, Shell Park, Holloway Park, and Greendale Park;

·    Longueville - Aquatic Park, Griffith Park, Longueville Park, Wharf Road Reserve, and Kingsford Smith Oval; 

·    Northwood - Woodford Bay – Bicentennial Reserve and Lloyd Rees Park; and

·    Riverview - Tambourine Park.

 

For the Motion were Councillors Forrest, Mcilroy, Palmer and Tudge (Total 4).

Against the Motion were Councillors Bennison, Brooks-Horn, Longbottom and Smith (Total 4).

The Deputy Mayor exercised a casting vote for the motion and the motion was declared carried.

 

 

 

 

 

 

 

 

LEAVE OF ABSENCE

Councillor Smith requested a leave of absence from the remainder of the meeting.

149

RESOLVED on the motion of Councillor Mcilroy and Smith that a leave of absence be granted.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer, Smith and Tudge (Total 8).

Against the Motion was Nil (Total 0).

 

Councillor Smith left the meeting at 9:38pm.

 

Procedural Motion

150

RESOLVED on the motion of Councillors Bennison and Palmer that the recommendation of the report be considered in two parts.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion was Nil (Total 0).

Absent was Councillor Smith (Total 1).

Results of the Consultation on the 2012/13 Draft Delivery and Operational Plan, Draft Budget and Fees and Charges

151

RESOLVED on the motion of Councillors Palmer and Tudge that:-

1.   The Draft Delivery Program and Operational Plan 2012/13, Draft Budget 2012 -2015 and Long Term Financial Plan be adopted;

2.   The Draft Fees and Charges as amended for 2012/13 with the exception of the fees for the Market Square Car Park  be adopted, subject to:-

a)   the addition of a fee of $50 per day for Mobile Food Vending;

b)   the amendment of the fee for Commercial Personal Trainers to be, as resolved, an annual fee of $200 plus a one off $50 application fee; and

3.   Council fix the Ordinary Rates and Charges for 2012/13 as:-

            a) Ordinary Rates

(i)    An Ordinary Residential Rate of 0.178038 cents in the dollar, on the Land Value of all Rateable Land categorised as Residential in accordance with S.516 of the Local Government Act, (with the exception of heritage properties which are rated on their heritage value), with a Minimum Rate of $520, to yield $14,600,532.

(ii)    An Ordinary Business Rate of 0.775291 cents in the dollar, on the Land Value of all Rateable Land categorised as Business in accordance with S.516 of the Local Government Act, with a Minimum Rate of $774 to yield $5,337,507.

(iii)   Council being of the opinion that works related to the construction and maintenance of car parking facilities will be of benefit to the Lane Cove Village Commercial Area, (as defined by the metes and bounds description advertised in the North Shore Times on 13 June, 1979), that a Parking Special Rate, of 0.180580 cents in the dollar be made for 2012/13 on the Land Value of all rateable land within that part, in accordance with S.538 of the Local Government Act 1993, with a Minimum Rate of $2.00, to yield $143,894.

b) Domestic Waste Management Charges

(i)    in accordance with S.496 of the Local Government Act 1993, that an annual charge of $377.00 per annum be made for the year 2012/13, for domestic waste management services rendered to all properties categorised residential or non-rateable residential, for each once weekly 80 litre MGB (or equivalent) service;

(ii)   in accordance with S.496 of the Local Government Act 1993, that an annual charge of $104.00 per annum be made for the year 2012/13, for Domestic Waste Management Services for all properties categorised residential vacant land;

(iii)   in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $5.52 per service  be  made for the year 2012/13, for each additional weekly 80 litre domestic waste management service rendered to owner occupied single occupancy residential dwellings (excluding green waste and recycling service);

(iv)  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $7.25 per service be made for the year 2012/13, for each extra weekly 80 litre (or equivalent) domestic waste management service rendered to other single occupancy residential properties;

(v)   in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $7.25 per service be made for the year 2012/2013, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to non-rateable  properties;

(vi)  in accordance with S.502 of the Local Government Act 1993, that a pay-for-use charge of $7.25 per service be made for the year 2012/2013, for each once weekly 80 litre (or equivalent) domestic waste management service rendered to residential units above business category premises.

(vii) in accordance with S.502 of the Local Government Act 1993 that a pay-for-use-charge of $4.00 per fortnightly service be made for the year 2012/13 for each extra recycling service to single residential dwellings.

            c) Interest on Overdue Rates and Charges

(i)    In accordance with the provisions of S.566(3) of the Local Government Act 1993, Council hereby resolves that the interest rate to apply for the period 1 July 2012 to 30 June 2013 to all outstanding rates and charges be calculated at the maximum interest rate currently 10% as specified by the Minister for Local Government.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion was Nil (Total 0).

Absent was Councillor Smith (Total 1).

 

MOTION

A Motion was moved by Councillors Palmer and Tudge that the fee structure for the Market Square Car Park be reinstated as per the 2011/12 Budget.

 

Foreshadowed Motion

A Foreshadowed Motion was moved by Councillors Brooks-Horn and Longbottom that the fee structure for the Market Square Car Park be as exhibited.

152

Upon being put to the meeting the Motion was declared carried.

 

For the Motion were Councillors Forrest, Mcilroy, Palmer and Tudge (Total 4).

Against the Motion were Councillors Bennison, Brooks-Horn and Longbottom (Total 3).

 

The Foreshadowed Motion lapsed.

 


 

Pedestrian Access and Mobility Plan (PAMP)

153

RESOLVED on the motion of Councillors Mcilroy and Tudge that:-

1.   The responses and comments received from residents and interest groups be received and noted;

2.   The Draft Pedestrian Access and Mobility Plan (PAMP), dated November 2011, be adopted; and

3.   Priority 1 routes identified in the Pedestrian Access and Mobility Plan (PAMP) be implemented over a ten (10) year timeframe. Other Priority works to be re-examined within that timeframe for funding possibilities.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion was Nil (Total 0).

Absent was Councillor Smith (Total 1).

 

Non Compliance with Fire Safety Standards

154

RESOLVED on the motion of Councillors Mcilroy and Tudge that Council note that an Order issued under Table 121B of the Environmental Planning and Assessment Act 1979 will be issued to the owners of the building to which the report relates at 27 Mars Road to rectify non compliances and advise Fire and Rescue NSW accordingly.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion was Nil (Total 0).

Absent was Councillor Smith (Total 1).

 

Extension of Independent Audit Committee Appointments

155

RESOLVED on the motion of Councillors Tudge and Mcilroy that the term of the Independent External Audit Committee members be extended to 30 September 2013. 

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion was Nil (Total 0).

Absent was Councillor Smith (Total 1).

 

Officer Reports for Information

 

Development Application Notification Policy

156

RESOLVED on the motion of Councillors Mcilroy and Palmer that Council receive and note the report.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion was Nil (Total 0).

Absent was Councillor Smith (Total 1).

 


 

Water Savings Action Plan

157

RESOLVED on the motion of Councillors Mcilroy and Palmer that Council receive and note the report.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion was Nil (Total 0).

Absent was Councillor Smith (Total 1).

 

Council Snapshot

158

RESOLVED on the motion of Councillors Palmer and Mcilroy that Council receive and note the report.

 

For the Motion were Councillors Bennison, Brooks-Horn, Forrest, Longbottom, Mcilroy, Palmer and Tudge (Total 7).

Against the Motion was Nil (Total 0).

Absent was Councillor Smith (Total 1).

 

CLOSE

 

The meeting closed at 10:15pm.

 

Confirmed at the Ordinary Council Meeting of 16 July 2012, at which meeting the signature herein is subscribed.

 

 

MAYOR

 

 

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